The Ministry of Justice is consulting on whether to extend the power to other courts and tribunals and, if so, which test should be applied and factors considered in any decision by a court or tribunal to depart from retained E.U. case law.
Tag: U.K. Withdrawal from the E.U.
Letter to HM Treasury: Transposition of BRRD II: 11 August 2020
HM Treasury has published a Consultation on the transposition of BRRD II, which, it has stated, concerns those parts of BRRD II that come into effect before the end of the Transition Period.
Addendum: Brexit Analysis on Third Country Regimes in E.U. Legislation: 5 November 2019
The FMLC published a report titled “Issues of Legal Uncertainty Arising in the Context of the Withdrawal of the U.K. from the E.U.–the Provision and Application of Third Country Regimes […]
Report: The Recognition of Choice of Court Agreements under the 2005 Hague Convention: 23 October 2019
The U.K.’s accession to the Hague Convention in its own right has not, however, been the panacea for which market participants and HM Government had hoped. A number of questions have arisen regarding the timing of the Convention’s entry into force in the U.K. and its application to exclusive choice-of-court agreements concluded in the period
Letter to HM Treasury: Financial Services (Implementation of Legislation) Bill: 23 October 2019
The Financial Services (Implementation of Legislation) Bill provides the power to HM Treasury, in the event no deal is agreed between the U.K. and the E.U., to implement and make changes to a category of legislation which the Bill describes as “in-flight”. These are pieces of E.U. financial services
“Onshoring” Statutory Instruments Comment Series: Securitisation: 29 March 2019
The draft Securitisation Amendment (EU Exit) Regulations 2019 will ensure that the new securitisation regime, as set out in Regulation (EU) 2017/2402 laying down a general framework for securitisation and […]
“Onshoring” Statutory Instruments Comment Series: Credit Institutions Winding-up and Reorganisation: 27 February 2019
The Credit Institutions and Insurance Undertakings Reorganisation and Winding Up (Amendment) (EU Exit) Regulations 2019 amends the regime for the reorganisation and winding up of credit institutions and insurers in the […]